Estate of Evans
Superior Court of Pennsylvania
Appeal, No. 19, Jan. T., 1898, by Evan M. Evans, from decree of O. C. Luzerne Co., No. 198, of 1890, surcharging guardian of Lizzie Evans. Exceptions to guardian’s account. Before Darte, P. J. It appears from the record and evidence that John M. Evans died in 1890, leaving a widow and four minor children.
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Appeal, No. 19, Jan. T., 1898, by Evan M. Evans, from decree of O. C. Luzerne Co., No. 198, of 1890, surcharging guardian of Lizzie Evans. Exceptions to guardian’s account. Before Darte, P. J. It appears from the record and evidence that John M. Evans died in 1890, leaving a widow and four minor children. By virtue of some arrangement between the guardian, the administrator and the widow, the guardian received through the administrator of the estate of John M. Evans $1,300 which seem to have been deposited by common consent in the banking house of F. Y. Rockafellow & Co. in the name of Evan…
1Opinion of the Court
Opinion by
Porter, J.,
This appeal comes up on exceptions to the adjudication of the orphans’ court upon the account of a guardian. The effect of the adjudication is to surcharge the guardian with a sum of money (received by him shortly after his appointment by the court), which should have been paid in the first instance to the administrator of the estate of the father of the minors. The guardian deposited the money in his name as guardian in a reputable and solvent banking house, which subsequently failed. The administrator of the father’s estate then filed an account as if the fund had been…
2Cases cited1 opinion
- Estate of LawPennsylvania Orphans' Court, Philadelphia County · 1891
3Cited by2 opinions
- Estate of Mary Lou HazelbakerSuperior Court of Pennsylvania · 1933
- Glassburner's EstateSuperior Court of Pennsylvania · 1909